Current through Register Vol. 63, No. 9, September 1, 2024
(1) For the purposes of this rule only,
"small forestland" means forestland as defined in ORS
527.620 that:
(a) Has an owner that owns or holds common
ownership interest in at least 10 acres of Oregon forestland but less than
5,000 acres of Oregon forestland; and
(b) Constitutes all forestland within a
single tax lot and all forestland within contiguous parcels owned or held in
common ownership by the owner.
(2) A landowner may utilize a portion of
their property for the establishment of one or more wildlife food plots. The
establishment of wildlife food plots in lieu of reforestation is an allowable
forest operation under ORS
527.678. The purpose of this
rule is to allow landowners to establish or increase the area of food or forage
available to wildlife, and to exempt a percentage of their property from
reforestation requirements following timber harvest.
(3) Wildlife food plots are considered
forestland as defined in ORS
527.620. Wildlife food plots
provide an intended benefit to the landowner, and additional benefits to the
State through providing or enhancing food resources for wildlife.
(4) A landowner is eligible to utilize
wildlife food plots as a management choice on their property if:
(a) The ownership size in Oregon is greater
than 10 acres but less than 5,000 acres;
(b) The area to be used for a wildlife food
plot must currently be in a forest use; and
(c) The wildlife food plot area would
otherwise be subject to the reforestation rules described in OAR 629-610-0000 through 629-610-0100.
(5)
Based on the area of small forestland ownership, the combined size of wildlife
food plots shall not exceed:
(a) 2.5 percent
of the small forestland, if the small forestland is 500 acres or less in size
(combined size of wildlife food plots equals 0.25 to 12.5 acres);
(b) 2.0 percent of the small forestland, if
the small forestland is more than 500 acres but not more than 1,000 acres in
size (combined size of wildlife food plots equals 10 to 20 acres); or
(c) 1.0 percent of the small forestland, if
the small forestland is over 1,000 acres but less than 5,000 acres in size
(combined size of wildlife food plots equals 10 to 50 acres).
(6) To establish and maintain a
wildlife food plot in lieu of reforestation, a landowner shall:
(a) Provide notification to the State
Forester per OAR 629-605-0140 through 0150.
(b) Create a plan for alternate practice that
includes the following:
(A) Landowner contact
information;
(B) The acreage of the
small forestland where the wildlife food plot is desired;
(C) A map showing location and acreage of
proposed and existing wildlife food plots;
(D) A narrative that describes the target
wildlife, the forage expected to substantially contribute to the nutritional
requirements of the target wildlife species or guild, the activities required
to maintain the wildlife food plot, and a timeline of planned establishment and
maintenance activities; and
(E) A
strategy for the monitoring and management of plant and animal species that may
prevent the establishment of the target forage species.
(c) Provide the plan for alternate practice
to the State Forester for approval, and as a mechanism for tracking compliance
with the wildlife food plot rules. The State Forester shall provide feedback on
the plan, and may consult with the Oregon Department of Fish and Wildlife or
other agencies as appropriate.
(d)
Establish the wildlife food plot in a manner consistent with the desired
outcomes for the plot, as described in the plan for alternate practice.
Establishment activities must include the creation of forage for the target
wildlife species or guild. In addition, wildlife food plot establishment may
also incorporate cover, nesting habitat, or resting habitat for the target
wildlife species or guild.
(e)
Establish the wildlife food plot through the use of habitat manipulation,
planting of forage, or a combination of techniques for the target wildlife
species or guild. Habitat manipulation and planting of forage includes, but is
not limited to, complete or partial removal of trees and other vegetation,
tillage of soil, planting or seeding of forage vegetation of sufficient
nutrition for the target wildlife species or guild, or other practices needed
for maintenance of the plot to promote a specific seral stage of
vegetation.
(f) Make reasonable
progress towards establishing the wildlife food plot, as determined by the
State Forester, within 12 months of completion of the harvest operation that
requires reforestation.
(g) Fully
establish the wildlife food plot within 24 months of completion of the harvest
operation that requires reforestation.
(h) Ensure the forage vegetation chosen is
supported by the environment in which it is being established. Not all
vegetation is suitable to be used in the variety of forest soils and land types
that occur in Oregon. Designation of specific seed mixes or plant species is
beyond the scope of these rules. However, the landowner shall:
(A) Source plants and seed to avoid
introduction of invasive species to forestlands. This includes, but is not
limited to, the introduction of invasive plant, insect, or disease species
through the movement of live plant material, seed, or soil.
(B) Ensure vegetation chosen for
establishment is not on the Oregon Department of Agriculture's noxious weed
list.
(i) Maintain the
wildlife food plot in accordance with the plan for alternate
practice.
(j) Provide documentation
to the State Forester of activities conducted to establish and maintain the
wildlife food plot. This documentation shall be provided upon full
establishment of the wildlife food plot, and upon request by the State Forester
thereafter. Documentation may include, but is not limited to, receipts for work
completed and photographs of the wildlife food plot showing that it is in the
intended state per the plan for alternate practice. The landowner may also
request the State Forester conduct an inspection of the wildlife food
plot.
(7) If the State
Forester determines that the landowner has not maintained the wildlife food
plot in its intended state per the plan for alternate practice, the
reforestation rules as otherwise required in OAR 629, division 610, become
applicable and the landowner shall be required to reforest the wildlife food
plot.
(8) To end the use of a
wildlife food plot, a landowner shall:
(a)
Provide notification to the State Forester per OAR 629-605-0140 through
0150.
(b) Reforest the wildlife
food plot in accordance with the reforestation rules, as described in OAR 629,
division 610.
(9) The
landowner shall follow the requirements as outlined in sections (6) and (8) of
this rule in order to relocate the wildlife food plot, modify the wildlife food
plot size, change the target wildlife species or guild, or end the use of a
wildlife food plot.
Statutory/Other Authority: ORS
527.678(3)(a),
527.710(1),
527.630(3),
527.714(1)
& 526.016(4)
Statutes/Other Implemented: ORS
527.678 &
527.710(2)